Fuller v. SDH Education West, LLC et al

Filing 11

DECISION & ORDER adopting Magistrate Judge Peebles' 8 Report and Recommendation; that pltf's complaint is accepted for filing except with respect to defts Pawal Nowacki and William Shannon, and that pltf's claims against those two in dividual defts are DISMISSED with prejudice; and that the Clerk of the Court shall issue summonses and forward them with copies of the amended complaint to the U.S. Marshal, along with packets containing GO25 for service upon deft SDH Educaton West, LLC. Signed by Senior Judge Thomas J. McAvoy on 1/5/2016. (see)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ALESHA FULLER,
Plaintiff,

Civil Action No.
3:15-CV-1154 (TJM/DEP)

v.
SDH EDUCATION WEST, LLC, et al.,
Defendants.
-------------------------------THOMAS J. McAVOY
Senior United States District Judge
DECISION and ORDER
I.

INTRODUCTION
This pro se employment action was referred to the Hon. David E. Peebles, United

States Magistrate Judge, for initial review. In his November 19, 2015 Report,
Recommendation and Order, Magistrate Judge Peebles: (1) granted plaintiff’s In Forma
Pauperis application; (2) denied with leave to renew plaintiff’s motion for appointment of
counsel; and (3) recommended that all claims against the individual defendants for violations
of Title VII be dismissed with prejudice. Plaintiff did not file objections to the Report,
Recommendation and Order [dkt. # 8], and the time to do so has expired.
II.

DISCUSSION
After examining the record, this Court has determined that the Report,

Recommendation and Order is not subject to attack for plain error or manifest injustice.
III.

CONCLUSION
Accordingly, the Court ADOPTS the Report, Recommendation and Order [dkt. # 8] for

the reasons stated therein. Thus, it is hereby
1

ORDERED that plaintiff's complaint is accepted for filing, except with respect to
defendants Pawal Nowacki and William Shannon, and that plaintiff's claims against those two
individual defendants are DISMISSED with prejudice; and it is further hereby
ORDERED that:
(1) The clerk of the court shall issue summonses and forward them with copies of the
amended complaint to United States Marshal, along with packets containing General Order 25,
which sets forth this district's Civil Case Management Plan, for service upon defendant SDH
Education West, LLC;
(2) The clerk shall schedule a Rule 16 conference;
(3) Subsequent to service of process on defendant, defendant’s counsel shall file a
formal response to plaintiff's complaint as provided for in the Federal Rules of Civil Procedure.
(4) All pleadings, motions and other documents relating to this action be filed with the
Clerk of the United States District Court, Northern District of New York, 7th Floor, Federal
Building, 100 S. Clinton St., Syracuse, New York 13261-7367. Any paper sent by a party to
the court or the clerk must be accompanied by a certificate showing that a true and
correct copy of same was mailed to all opposing parties or their counsel. Any
document received by the clerk or the court which does not include a certificate of
service showing that a copy was served upon all opposing parties or their attorneys will
be returned, without processing. Plaintiff must comply with any requests by the clerk's office
for any documents that are necessary to maintain this action. All parties must comply with
Local Rule 7.1 of the Northern District of New York in filing motions, which must be returnable
before the assigned district judge with proper allowance for notice as required by the Rules.
Plaintiff is also required to promptly notify the clerk's office and all parties or their

2

counsel of any change in plaintiff's address; plaintiff’s failure to do so will result in the
dismissal of this action; and it is further
ORDERED that the clerk of the court shall serve a copy of this Decision and Order on
plaintiff in accordance with the local rules.
IT IS SO ORDERED.
Dated: January 5, 2016

3